Property Law: Boundary Disputes And Their Legal Implications

Boundary disputes are a common issue that arises between neighbouring property owners. They can be complex and require expert legal intervention. Disputes can arise due to unclear or conflicting boundaries, adverse possession claims, easements and rights of way, or neighbour relations. These disputes often concern property boundary lines and whether either owner has the right to extend beyond their legal property lines.

There are several types of boundary disputes, including territorial disputes relating to the location of property lines, positional disputes arising from the incorrect placement of a fence, structure, or enhancement, and functional disputes over the use or purpose of a property. Resolving boundary disputes can be complex and may require the assistance of a real estate attorney or litigation as a last resort.

Territorial disputes

Boundary line disputes, or territorial disputes, are disagreements over the possession or control of territories (land, water, or airspace) between two or more political entities. These disputes are a significant cause of wars and terrorism, as states often attempt to assert their sovereignty through invasion, and non-state entities try to influence politicians through terrorism. International law does not support the use of force by one state to annex another's territory, and the UN Charter prohibits the threat or use of force against the territorial integrity of any state.

• Disputes concerning the entirety of a State's territory, resulting in a challenge to that State's existence.
• Disputes affecting only a part of one or more States' territories, concerning the placement of boundaries that delimit the area over which each State exercises sovereignty.

International law governs the rules relating to the control and transfer of territory. Territorial disputes often lead to diplomatic, economic, and military tensions, causing political instability and uncertainty. Historically, they have frequently resulted in armed conflicts. However, many territorial disputes have eventually been resolved amicably through negotiation or dispute settlement mechanisms, such as the International Court of Justice.

• Israeli-Palestinian Conflict
• South China Sea Territorial Disputes
• Persian Gulf Territorial Disputes
• Nicaragua Territorial Disputes
• India-Pakistan Kashmir Conflict
• Guyana-Venezuela Border Dispute
• Falkland Islands Sovereignty Dispute
• China-Japan Senkaku Islands Dispute
• Russia-Ukraine Crimean Peninsula Dispute

Positional disputes

To resolve positional disputes, it is essential to refer to relevant documents, such as title deeds, property plans, historical records, and local regulations. Surveyors may also be appointed to determine property boundaries using specialised equipment. Alternative dispute resolution methods, such as mediation, can help neighbours reach an agreement without resorting to litigation.

Functional disputes

Operational or functional disputes arise when two states disagree about the official management of a border. People and goods cross borders for both legitimate and malicious reasons. In order to protect the security and economic interests of a state, its government must actively manage its borders. Operational disputes may be related to the erection and maintenance of border markers, fences, or walls; immigration policies and border control; and the cross-border transportation of goods, both legal and illegal.

For example, the US and Mexico are in regular communication due to disagreements about their shared responsibility for controlling their shared border. The daily exchange of illegal drugs in both directions is the source of one such dispute. Both states agree that it is a shared responsibility to stem the flow of illicit products. However, they regularly disagree over the specific strategies to employ and the degree of financial responsibility of each government. The complication is that both the US and Mexico are federal states, so each US border state and each Mexican border state are involved in the border's operation.

Operational disputes can also occur within countries, between states or provinces that have overlapping or conflicting claims to territory. These disputes may involve issues such as the location of state or provincial borders, the rights to natural resources, or the allocation of tax revenues.

Adverse possession claims

Boundary disputes are disagreements between neighbours about the boundary between their properties. Adverse possession claims are a specific type of boundary dispute where one party claims ownership of a piece of land due to their continuous, open, and unchallenged use of it over a specific period.

Adverse possession is a legal doctrine that allows a person to claim ownership of a piece of property that they do not have the title to. In other words, a trespasser in physical possession of someone else's land may acquire a valid title to the property. The requirements for adverse possession claims vary by jurisdiction, but there are some common elements:

• The possession must be actual, meaning the adverse possessor must be exercising control over the property.
• The possession must be exclusive, meaning the trespasser must be in possession alone, excluding others from possession.
• The possession must be open and notorious, meaning the trespasser must be using the property as the real owner would, without hiding their occupancy.
• The possession must be continuous for a certain period, typically between 5 and 30 years, depending on the jurisdiction and the type of property.

For example, in New Jersey, the requirements for adverse possession are that the possession must be actual, exclusive, open and notorious, and continuous for 30 years for most types of property. However, for uncultivated lands such as woods, the required period is 60 years.

Encroachment disputes

To resolve an encroachment dispute, it is first necessary to establish the legal boundary of your property. This can be done by referring to property deeds, conveyances, and any attached plans. However, a court will not consider this to be the exact legal boundary without further evidence. To establish the exact boundary, a chartered surveyor can be hired to conduct a site visit and refer to any relevant topographical and historical features.

Once the boundary has been established, there are several ways to resolve the dispute. Open communication with the neighbour is recommended as a first step, as many encroachments are unintentional. Mediation can also be a useful tool to help both parties reach a resolution without the need for legal proceedings. If all else fails, legal action may be necessary, and a property litigation solicitor can be hired to initiate legal proceedings.

In terms of legal rights, landowners may have the right to seek the removal of the encroaching object, request compensation for damages, or negotiate an agreement. Legal remedies include injunctive relief, which orders the encroaching party to stop their actions or remove the object, and damages, which provide monetary compensation for harm caused.

To prevent future encroachment disputes, it is important to have clear and accurate property boundaries. This can be achieved through boundary agreements, which are legally binding documents that define the boundaries between properties, and regular property inspections to detect any potential encroachments early on.

Frequently asked questions